| Advisory opinion request regarding whether the Code of Governmental Ethics would prohibit Mr. Rykert Toledano from serving as the Chairman of the St. Tammany Levee, Drainage, and Conservation District once he is sworn in as the newly elected Councilman for St. Tammany Parish District 5. |
|
An advisory opinion request from St. Tammany legal counsel Terry Hand on behalf of Rykert Toledano. Mr. Hand asked whether the Code of Governmental Ethics would prohibit Mr. Rykert Toledano from serving as the Chairman of the St. Tammany Levee, Drainage, and Conservation District once he is sworn in as the newly elected Councilman for St. Tammany Parish District 5. Mr. Hand provided that the St. Tammany Levee, Drainage, and Conservation District is a political subdivision of the State created pursuant to Act 303 of the 2014 Regular Session.
Mr. Hand provided that in compliance with La. R. S. 38:291, the St. Tammany Parish President nominated Mr. Toledano for consideration by the Governor and Mr. Toledano's nomination was ratified by the Parish Council. Mr. Toledano was appointed to the St. Tammany Levee, Drainage, and Conservation District by the Governor and confirmed by the Senate. Mr. Hand stated that Mr. Toledano has confirmed that once he begins his term of office he will not accept a per-diem for his service on the St. Tammany Levee, Drainage, and Conservation District. Further, Mr. Hand added that Mr. Toledano, as a Parish Councilman, will abstain from voting on any matter which involves the St. Tammany Levee, Drainage, and Conservation District which may come before the Parish Council.
|
|
La. R.S. 42:1113A provides that no public servant shall bid on or enter into any contract, subcontract, or other transaction that is under the supervision or jurisdiction of such public servants agency.
La. R.S. 42:1113A(1)(b)(ii) provides an exception for appointment by the governing authority to appoint on of its members to a board or commission for which the governing authority is the appointing authority and the appointee receives no salary or per-diem for service on the board or commission.
|
|
|
Adopt the proposed advisory opinion.
|
|
| Assigned Attorney: |
Suzanne Mooney |
|
|